SECRETARIAT GENERAL
SECRETARIAT OF THE COMMITTEE OF MINISTERS SECRETARIAT DU COMITE DES MINISTRES
Contact: Clare Ovey Tel: 03 88 41 36 45
Date: 06/06/2017 DH-DD(2017)611
Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.
Meeting: 1288th meeting (June 2017) (DH)
Communication from the applicant’s representatives (01/06/2017) in the case of JEHOVAH'S WITNESSES OF MOSCOW AND OTHERS v. Russian Federation (Application No. 302/02)
Information made available under Rule 9.1 of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements.
* * * * * * * * * * *
Les documents distribués à la demande d’un/e Représentant/e le sont sous la seule responsabilité dudit/de ladite Représentant/e, sans préjuger de la position juridique ou politique du Comité des Ministres.
Réunion : 1288e réunion (juin 2017) (DH)
Communication des représentants du requérant (01/06/2017) dans l’affaire JEHOVAH'S WITNESSES OF MOSCOW ET AUTRES c. Fédération de Russie (Requête n° 302/02) [anglais uniquement]
Informations mises à disposition en vertu de la Règle 9.1 des Règles du Comité des Ministres pour la surveillance de l’exécution des arrêts et des termes des règlements amiables.
PO Box 40 13893 Highway 7 (courier) Georgetown ON L7G 4T1 905-873-4545 905-873-4522
DGI John M. Burns, LL.B. [email protected] Also of the Bar of British Columbia 01 JUIN 2017 SERVICE DE L’EXECUTION DES ARRETS DE LA CEDH 30 May 2017
Department for the Execution of Judgments of the ECHR DGI - Directorate General of Human Rights and Rule of Law Council of Europe F-67075 STRASBOURG CEDEX FRANCE
Re: Application no. 302/02, Jehovah’s Witnesses of Moscow v. Russia, judgment of 10 June 2010, final on 22 November 2010—Communication pursuant to Rule 9.1 of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements
Dear Sir or Madam,
As attorney of record, I am writing further to my letter dated 15 May 2017, which requested the Committee to change the monitoring of the above Jehovah’s Witnesses of Moscow v. Russia judgment to the “enhanced procedure”. The 20 April 2017 decision of the Supreme Court of Russia banning the Administrative Centre of Jehovah’s Witnesses and all 395 local religious organisations, including the Moscow LRO, is having a severe nationwide impact on Jehovah’s Witnesses. The attached interim report (Annex 1) details more than 40 serious and harsh incidents in the Moscow region and throughout Russia and includes the following:
• On 25 May 2017, the Federal Security Service (FSB) raided a religious service of Jehovah’s Witnesses in the city of Orel and searched the homes of Jehovah’s Witnesses. The FSB justified their raid by citing the ban on Jehovah’s Witnesses and stated a criminal investigation had been opened against Jehovah’s Witnesses in Orel under Article 282.2, part 1, of the Criminal Code for “extremism”. The FSB took into custody Danish citizen Dennis Christensen. On 26 May 2017, the Sovietskiy District Court of Orel granted the motion of the FSB and ordered Mr Christensen jailed in pretrial detention for two months pending completion of the criminal investigation. If convicted, Mr. Christensen faces possible imprisonment for 6 to 10 years based on the 2016 amendments to Article 282.2, which now provide for harsher punishment. (Annexes 2 and 3) The facts of Mr. Christensen’s case mirror the criminal conviction of 16 of Jehovah’s Witnesses in Taganrog under Article 282.2 of the Criminal Code (see pending application Trotsyuk and Others v. Russia, no. 24622/16).
Lawyers GEORGETOWN (ONTARIO) SAINT-BRUNO-DE-MONTARVILLE (QUÉBEC) ALMATY (KAZAKHSTAN) Department for the Execution of Judgments of the ECHR 2 30 May 2017
• Over the past six weeks, law enforcement officials have issued at least 14 warnings to LROs and congregations of Jehovah’s Witnesses threatening criminal prosecution if Jehovah’s Witnesses continue to hold their religious services (see examples of warnings at Annex 4). Over the same period of time, there have been at least 18 police raids on peaceful religious services of Jehovah’s Witnesses. On 12 April 2017, masked and heavily armed police, accompanied by journalists, stopped a religious service of Jehovah’s Witnesses in Chelyabinsk, claiming it is now illegal for the Witnesses to meet for worship. The media report on the raid can be viewed at https://youtu.be/pPj-VnT2pIw.
• On 15 May 2017, management of a chemical factory in Dorogobuzh, Smolensk Region, told their employees who are Jehovah’s Witnesses that they had received orders from the FSB to dismiss all Jehovah’s Witnesses. The management told the Witnesses to resign, or they would be fired.
• On 17 April 2017, in the village of Bolshekrepinskaya, Rostov Region, one of Jehovah’s Witnesses was summoned by the school principal where her 14-year-old daughter attends. The principal and other teachers insulted the Witness mother by stating that she takes her daughter to meetings of a “terrorist organisation”. Two days later the principal and two police officers met privately with the 14-year-old girl at school and told her that her mother is a member of a “terrorist organisation” in which members are “taught to kill people and steal from them”.
• On 24 May 2017, in Zheshart, Komi Republic, a building used by Jehovah’s Witnesses for religious services was destroyed by arson. The remains of a Molotov cocktail were found at the scene. On 30 April 2017, in Lutsino, Moscow Region, an arson attack burned to the ground a home of a Witness family.
• On 28 April 2017, the Conscription Commission of the Cheboksary and Marposadskiy regions rejected the application for alternative service of one of Jehovah’s Witnesses. The Commission stated that Jehovah’s Witnesses are “extremist” and cannot be granted alternative service. The Commission threatened to turn the case over to the FSB for investigation. As stated in my 15 May 2017 letter, the Russian authorities have totally disregarded the judgement rendered by the European Court of Human Rights in this application and embarked on a nation-wide campaign of repression and persecution of Jehovah’s Witnesses. For these reasons, we respectfully ask that the Committee please change the monitoring of the above Jehovah’s Witnesses of Moscow v. Russia judgment to the “enhanced procedure” and consider starting infringement proceedings against Russia under Rule 11 of the Rules of the Committee of Ministers. Please accept an expression of our appreciation for your consideration of the above. Yours truly,
W. GLEN HOW & ASSOCIATES LLP
Department for the Execution of Judgments of the ECHR 3 30 May 2017
John M. Burns, attorney
List of annexes:
Annex 1: Interim report, “Negative Impact of Russia’s Ban on Jehovah’s Witnesses”, 26 May 2017. Annex 2: News release, “Danish Jehovah’s Witness Arrested and Jailed in Russia After Police Raid a Christian Meeting”, www.jw.org, 26 May 2017. Annex 3: Decision of the Sovietskiy District Court of Orel for pretrial detention of Dennis Christensen, 26 May 2017. Annex 4: Warnings to eight LROs and one congregation of Jehovah’s Witnesses in Russia.
INTERIM REPORT
DGI 01 JUIN 2017
SERVICE DE L’EXECUTION DES ARRETS DE LA CEDH
NEGATIVE IMPACT OF RUSSIA’S BAN ON JEHOVAH’S WITNESSES
» » Russian Government Abuses and Restrictions of Human Rights » » Societal Abuses and Discrimination
MAY 26, 2017
Annex 1 SUMMMARY NEGATIVE IMPACT OF RUSSIA’S BAN ON JEHOVAH’S WITNESSES
Russian Government Abuses and Restrictions of Human Rights
Masked and heavily armed police and the National Guard raided a religious service in Chelyabinsk
Criminal Charges Police Raids on Private Religious Services On 25 May 2017 the FSB raided a religious of Jehovah’s Witnesses service of Jehovah’s Witnesses in the city Over the past six weeks, law enforcement officials have raided of Oryol and took Danish citizen Dennis at least 18 religious services of Jehovah’s Witnesses. Christensen into custody. He is jailed in pretrial detention for two months pending Threats to Parents and Children completion of the criminal investigation. On 17 April 2017 in the village of Bolshekrepinskaya, Rostov He faces the possibility of imprisonment Region, a school principal and two police officers met privately from 6 to 10 years for alleged extremist with the 14-year-old daughter of a Witness at school, stating activity under Article 282.2, part 1, of the Dennis Christensen that her mother is a member of a “terrorist organisation” Criminal Code simply for participating in the where members are ‘taught to kill people and steal from religious activity of Jehovah’s Witnesses. them.’ The rant portraying the Witnesses as terrorists brought the girl to tears. Official Warnings Threatening Criminal or Administrative Prosecution Refusal of Applications for Alternative On 4 May 2017 the prosecutor’s office issued a warning to Civilian Service the Chairman of the Krymsk LRO of Jehovah’s Witnesses. On 28 April 2017 the Conscription Commission of the The document relied on the 20 April 2017 judgment of the Cheboksary and Marposadskiy regions rejected the application Supreme Court and warned that the chairman and members for alternative service of one of Jehovah’s Witnesses. The of the LRO can be subject to administrative and criminal Commission stated Jehovah’s Witnesses are “extremist” liability for holding religious services. and cannot be granted alternative service.
Societal Abuses and Discrimination
Acts of Violence, Arson, and Vandalism On 24 May 2017 in Zheshart, Komi Republic, a building used by Jehovah’s Witnesses for religious services was destroyed by arson. Remnants of a Molotov cocktail were found at the scene. On 30 April 2017 in Lutsino, Moscow Region, a home of a Witness family was burned to the ground in an arson attack. Arson of a Witness Employment Dismissal family’s home in Lutsino On 15 May 2017 the management of a chemical factory in Dorogobuzh, Smolensk Region, told its employees who are Jehovah’s Witnesses that they had received orders from the FSB to dismiss all of them. The management gave the Witnesses the option of resigning or being fired.
Annex 1
BANNING OF JEHOVAH’S WITNESSES IN RUSSIA Negative impact of 20 April 2017 judgment of the Supreme Court of Russia
Table of contents
Russian Government abuses and restrictions of human rights ...... 1 I. Criminal charges ...... 1 II. Official warnings threatening criminal or administrative prosecution ...... 1 III. Police raids on private religious services of Jehovah’s Witnesses ...... 5 IV. Threats to parents and their children ...... 8 V. Refusal of applications for alternative civilian service ...... 9 Societal abuses and discrimination ...... 10 I. Acts of violence, arson, and vandalism ...... 10 II. Employment dismissal ...... 11
Annex 1
Russian Government abuses and restrictions of human rights
I. Criminal charges
# Date Location Description
1. 25 May 2017 Orel, Orel Region At least 15 heavily armed police, including FSB, stopped a religious service. They stated that a criminal case had been started under Article 282.2 of the Criminal Code for continuing an “extremist” organisation. (The Orel local religious organisation of Jehovah’s Witnesses (LRO) had been banned as “extremist” on 14 June 2016.) The police took Danish citizen, Dennis Christensen, into custody. They took copies of the identification documents of all persons in attendance and required them to provide written statements. Police then conducted searches of the homes of Jehovah’s Witnesses in Orel. Mr. Christensen was detained overnight in FSB custody. On 26 May 2017 at 3 p.m. the Sovietsky District Court granted the application of the FSB and ordered Mr. Christensen to be jailed in pre-trial detention for two months pending completion of the FSB investigation.
II. Official warnings threatening criminal or administrative prosecution
# Date Location Description
1. 30 March 2017 Yekaterinburg, The prosecutor’s office issued an official warning to Sverdlovsk Region the Yekaterinburg LRO of Jehovah’s Witnesses. The document relied on the 15 March 2017 order of the Ministry of Justice suspending the activity of the Administrative Centre and all 395 LROs. It warned that the chairman and all LRO members that it is now unlawful for them to hold religious services.
2. 1 April 2017 Tyulgan, Orenburg The prosecutor’s office published a newspaper Region announcement instructing citizens to report any activity of Jehovah’s Witnesses to law enforcement officials.
1 Annex 1 Russian Government abuses and restrictions of human rights
II. Official warnings threatening criminal or administrative prosecution
# Date Location Description
3. 3 April 2017 Petropavlovsk- The prosecutor’s office issued a warning to the Kamchatsky, Petropavlovsk-Kamchatsky LRO of Jehovah’s Kamchatka Territory Witnesses. The document relied on the 15 March 2017 order of the Ministry of Justice suspending the activity of the Administrative Centre and all 395 LROs. It warned that the chairman and all LRO members are subject to prosecution under the Code of Administrative Violations if they continued to hold religious services.
4. 11 April 2017 Podporozhye, The prosecutor issued a warning that it is now Leningrad Oblast “forbidden” for Jehovah’s Witnesses to hold religious services, including their sacred annual religious commemoration, the Memorial of Jesus Christ’s death. The document relied on the 15 March 2017 order of the Ministry of Justice suspending the activity of the Administrative Centre and all 395 LROs. It warned that holding religious services can be prosecuted under Article 20.28 of the Code of Administrative Violations.
5. 11 April 2017 Vyborg and The prosecutor’s office issued a warning prohibiting Roshchino, Leningrad Jehovah’s Witnesses from conducting religious Region services in the cities of Vyborg and Roshchino.
6. 11 April 2017 Tikhvin, Leningrad The acting deputy city prosecutor issued a warning Region prohibiting Jehovah’s Witnesses from holding religious services in the city.
7. 11 April 2017 Anapa, Krasnodar The prosecutor’s office issued a warning prohibiting Territory Jehovah’s Witnesses from holding religious services in the city.
8. 12 April 2017 Krasnoturyinsk, The prosecutor’s office issued a warning prohibiting Sverdlovsk Region Jehovah’s Witnesses from holding religions services in the city.
2 Annex 1 Russian Government abuses and restrictions of human rights
II. Official warnings threatening criminal or administrative prosecution
# Date Location Description
9. 21 April 2017 Pervouralsk, The prosecutor’s office issued a warning to the Sverdlovsk Region Chairman of the Pervouralsk LRO of Jehovah’s Witnesses. The document relied on the 20 April 2017 judgment of the Supreme Court and warned that the chairman and all members of the LRO are subject to criminal liability under Article 282.2(1), 282.2(1.1), and 282.2(2) of the Criminal Code if they continue the activity of the LRO or seek to persuade or recruit others to participate in its activity.
10. 26 April 2017 Irbit, Sverdlovsk The prosecutor’s office issued a warning to a Region congregation of Jehovah’s Witnesses in Irbit. The document relied on the 15 March 2017 order of the Ministry of Justice suspending the activity of the Administrative Centre and all 395 LROs. It warned that congregation members can be subject to administrative and criminal liability for holding religious services.
11. 4 May 2017 Krymsk, Krasnodar The prosecutor’s office issued a warning to the Territory Chairman of the Krymsk LRO of Jehovah’s Witnesses. The document relied on the 20 April 2017 judgment of the Supreme Court and warned that the chairman and members of the LRO can be subject to administrative and criminal liability for holding religious services.
12. 10 May 2017 Sergiyev Posad, The prosecutor’s office issued a warning to the Moscow Region Chairman of the Sergiy Posad LRO of Jehovah’s Witnesses. The document relied on the 15 March 2017 order of the Ministry of Justice suspending the activity of the Administrative Centre and all 395 LROs. It warned that the chairman and members of the LRO can be prosecuted under Article 20.28 of the Code of Administrative Violations.
3 Annex 1 Russian Government abuses and restrictions of human rights
II. Official warnings threatening criminal or administrative prosecution
# Date Location Description
13. 12 May 2017 Novorossiysk, The prosecutor’s office issued a warning to a Krasnodar Territory congregation of Jehovah’s Witnesses in Novorossiysk concerning a planned religious convention. The document relied on the 20 April 2017 judgment of the Supreme Court and warned that congregation members are subject to criminal liability under Article 282.2 of the Criminal Code if they continue the activity of an extremist organisation, including by holding religious services.
14. 18 May 2017 Aleysk, Altai Territory The prosecutor’s office issued a warning to the Chairman of the Aleysk LRO of Jehovah’s Witnesses. The document relied on the 20 April 2017 judgment of the Supreme Court and warned that the chairman and members of the LRO can be subject to criminal or administrative liability if they continue the activity of an extremist organisation, including holding religious services.
4 Annex 1 Russian Government abuses and restrictions of human rights
III. Police raids on private religious services of Jehovah’s Witnesses
# Date Location Description
1. 4 April 2017 Tavda, Sverdlovsk Six law enforcement officials, including some from the Region FSB, and the local prosecutor’s office, stopped a religious service attended by 30 persons. One official read from the front of the Kingdom Hall (place of worship) the 15 March 2017 order of the Ministry of Justice suspending the activity of the Administrative Center. The police ordered the religious service must stop. They wrote down identification information of each person in attendance and then directed everyone to leave.
2. 8 April 2017 Zainsk, Republic A group of police forced their way into a place of of Tatarstan worship and interrupted the religious service. They insisted on obtaining written statements from the persons in attendance and later issued summonses for further investigation.
3. 8 April 2017 Bugulma, Republic A group of police forced their way into a place of of Tatarstan worship and interrupted the religious service. They took photos of all persons in attendance and copied their identification documents.
4. 9 April 2017 Millerovo, Rostov A group of police arrived at a place of worship just as Region the religious service was ending. The police demanded to know who organized the service since activity of all LROs of Jehovah’s Witnesses was suspended by the 15 March 2017 order of the Ministry of Justice.
5. 9 April 2017 Salsk, Rostov Region A group of police arrived at the place of worship demanding to conduct an ‘inspection’ based on permission of the local prosecutor.
6. 11 April 2017 Michurinsk, Tambov At the conclusion of a religious service, police served Region a summons on all persons in attendance and demanded that they go to the prosecutor’s office to provide written statements concerning their religious activity.
5 Annex 1 Russian Government abuses and restrictions of human rights
III. Police raids on private religious services of Jehovah’s Witnesses
# Date Location Description
7. 11 April 2017 Kazanskaya village, Police arrived at the conclusion of a religious service Rostov Region and questioned those in attendance concerning the content of the service and who organized it.
8. 12 April 2017 Chelyabinsk, Masked and heavily armed police, with the National Chelyabinsk Region Guard, and journalists, interrupted a religious service. One official read the 15 March 2017 suspension order of the Ministry of Justice stating it is illegal for Jehovah’s Witnesses to meet. The media report can be viewed at: https://youtu.be/pPj-VnT2pIw
9. 13 April 2017 Mezhdurechensk, Police and representatives of the municipal Kemerovo Region administration stopped a religious service. They questioned the persons in attendance about the beliefs of Jehovah’s Witnesses and wrote the names of the LRO members.
10. 14 April 2017 Severobaykalsk, Police and representatives of the FSB forcibly entered Republic of Buryatia a place of worship during a religious service. They demanded to know who organized the service and demanded written statements from all in attendance.
11. 16 April 2017 Kotovo, Volgograd Police interrupted a religious service. They took copies Region of the identification documents of all persons in attendance and also took photos of all automobiles (and registration numbers) parked outside the place of worship.
12. 18 April 2017 Yalta, Republic of At the conclusion of a religious service, law Crimea enforcement officials including representatives of the FSB, Ministry of Interior Affairs, and the prosecutor’s office, entered the place of worship to conduct ‘an inspection.’ They asserted that the purpose was to determine who was responsible for organizing the service.
6 Annex 1 Russian Government abuses and restrictions of human rights
III. Police raids on private religious services of Jehovah’s Witnesses
# Date Location Description
13. 22 April 2017 Dzhankoy, Republic The deputy city prosecutor and several police arrived of Crimea at the conclusion of a religious service. They insisted that Jehovah’s Witnesses had violated the 20 April 2017 Supreme Court judgment by holding the religious service. After their search, the police sealed the place of worship to prevent it from being used.
14. 23 April 2017 Village of Police interrupted a religious service. They justified Yermakovskoye, their actions by relying on the 20 April 2017 judgment Krasnoyarsk Territory of the Supreme Court.
15. 30 April 2017 Pavlovskiy Posad, Up to ten plain clothes police stopped a religious Moscow Region service. They announced that according to the 20 April 2017 Supreme Court judgment, Jehovah’s Witnesses have no right to gather for worship, including reading the Bible. The police took a video of all persons in attendance and took copies of their identification documents.
16. 30 April 2017 Krymsk, Krasnodar At the conclusion of a religious service, ten police Territory demanded entry to ‘inspect’ the place of worship. They demanded to know who organized the service. The police referred to the 20 April 2017 Supreme Court judgment and stated that Jehovah’s Witnesses cannot meet for worship.
17. 3 May 2015 Village of Olginskaya, Police interrupted a religious service held in a private Krasnodar Territory home. They warned that if Jehovah’s Witnesses continued to meet together they would be prosecuted for “extremist” activity.
18. 4 May 2017 Village of Police interrupted a religious service. They questioned Bekhteyevka (city of all persons in attendance and took copies of their Korocha), Belgorod identification documents. Region
7 Annex 1 Russian Government abuses and restrictions of human rights
IV. Threats to parents and their children
# Date Location Description
1. 17 April 2017 Village of One of Jehovah’s Witnesses was summoned by the Bolshekrepinskaya, director of the school where her 14-year-old daughter Rostov Region attends. The director and other teachers insulted the Witness mother by stating that she takes her daughter to meetings of a ‘terrorist organisation.’ They threatened to report the mother to the police. Two days later, on 19 April 2017, the police came to the mother’s work place and shouted obscenities at her. About the same time, the teachers, a local police officer, and an official in civilian clothes (likely FSB) met with the 14-year-old daughter at school stating her mother is a member of a terrorist organisation where they are ‘taught to kill people and steal from them.’
2. 24 April 2017 Village of During music class a teacher humiliated two sixth- Bezvodnoye, Kirov grade daughters of a mother who is one of Jehovah’s Region Witnesses. When the mother went to the school to discuss the incident with the teacher, the teacher justified her actions by stating Jehovah’s Witnesses are ‘banned’ in Russia.
3. 17 May 2017 Village of Tomilino, The parents of an eight-year-old girl were given a Moscow Region written warning by the school principal based on the 20 April 2017 judgment of the Supreme Court. The warning stated that the parents were prohibited from “all actions” that do not relate to the proper education of their children and that if that prohibition is violated the school will report the matter to the police and consider “transferring the child to another form of training.”
8 Annex 1 Russian Government abuses and restrictions of human rights
V. Refusal of applications for alternative civilian service
# Date Location Description
1. 20 April 2017 Zelenodolsk, The Conscription Commission of the Zelenodolsk Republic of Tatarstan Municipal District denied the application for alternative service of one of Jehovah’s Witnesses. The Commission rejected the application because Jehovah’s Witnesses were banned by the Supreme Court as “extremist.”
2. 28 April 2017 Village of Kugesi, The Conscription Commission of the Cheboksary and Republic of Chuvash Marposadskiy regions rejected the application for alternative service of one of Jehovah’s Witnesses. The Commission stated Jehovah’s Witnesses are “extremist” and cannot be granted alternative service. The Commission threatened to turn the case over to the FSB for investigation.
3. 12 May 2017 Shumerlya, Chuvash The Conscription Commission of the city of Shumerlya Republic rejected the application for alternative service of one of Jehovah’s Witnesses. The Commission based its rejection on the 20 April 2017 judgment of the Supreme Court.
9 Annex 1
Societal abuses and discrimination
I. Acts of violence, arson, and vandalism
# Date Location Description
1. 26 April 2017 Belgorod, Belgorod One of Jehovah’s Witnesses was attacked while Region leaving his home. The perpetrator shouted ‘you have been banned’ and repeatedly punched the Witness in the head, face, and upper body.
2. 30 April 2017 Lutsino, Moscow The home of a family who are Jehovah’s Witnesses Region was set on fire by a neighbor. He yelled that Jehovah’s Witnesses were propagandising their religion. Within 20 minutes, the Witnesses’ home, and the adjoining home of their elderly parents, were burned to the ground.
3. 7 May 2017 Tyumen, Tyumen During a religious service of Jehovah’s Witnesses a Region group of men entered the place of worship, used obscene and insulting language, and threatened violence against the persons in attendance. The men claimed they had killed people in military operations. They justified their threats by referring to the 20 April 2017 Supreme Court judgment.
4. 24 May 2017 Zheshart, Komi A building used by Jehovah’s Witnesses for their Republic religious services is destroyed by arson. Remnants of a Molotov cocktail are found at the scene.
10 Annex 1 Societal abuses and discrimination
II. Employment dismissal
# Date Location Description
1. 3 April 2017 Ilyinskiy, Perm One of Jehovah’s Witnesses working for the Ilyinsky Region Municipal District is summoned to the office of the Deputy Head of the Municipal District. The deputy stated that the Witness is violating the Federal Law on Extremist Activity and that unless she abandoned her religion she would be fired.
2. 26 April 2017 Mineralnye Vody, One of Jehovah’s Witnesses working in a security firm Stavropol Territory was summoned by his employer. His employer gave him an ultimatum to resign or he would make his life ‘unbearable.’ The employer stated this was because the employee is one of Jehovah’s Witnesses.
3. 4 May 2017 Village of Yashkino, Two police officers in plain clothes approached one of Kemerovo Region Jehovah’s Witnesses at her place of employment. They stated that Jehovah’s Witnesses have been banned as “extremist” and they are “collecting information” on all Jehovah’s Witnesses who live in the village. The police defamed Jehovah’s Witnesses by likening them to ISIS and stated that their police actions were justified to protect children from the ‘propaganda’ of Jehovah’s Witnesses.
4. 15 May 2017 Dorogobuzh, The management of a chemical factory where a Smolensk Region number of Jehovah’s Witnesses are employed stated that they had received orders from the FSB to dismiss all Jehovah’s Witnesses. The management gave the Witnesses the option of resigning or being fired.
5. 16 May 2017 Novokubansk, One of Jehovah’s Witnesses who works at a Krasnodar Territory kindergarten school was summoned by her employer. He stated that Jehovah’s Witnesses had been declared “extremist” and that her employment was to be terminated immediately.
11 Annex 1 Danish Jehovah’s Witness Arrested and Jailed in Russia After Police Raid a Christian ... Page 1 of 3
Jehovah’s Witnesses
DGI 01 JUIN 2017
SERVICE DE L’EXECUTION DES ARRETS DE LA CEDH
MAY 26, 2017 RUSSIA Danish Jehovah’s Witness Arrested and Jailed in Russia After Police Raid a Christian Meeting
NEW YORK—In the wake of the April 20, 2017, decision of the Supreme Court of the Russian Federation against Jehovah’s Witnesses, a Danish citizen was arrested along with Russian citizens at a peaceful worship service disrupted by a police raid on the evening of May 25, 2017.
At least 15 heavily armed police and Federal Security Service (FSB) officers raided a peaceful religious service of Jehovah’s Witnesses in the city of Oryol (also known as Orel), pictured above. The police collected copies of the identification documents of all in attendance and seized their electronic devices. The FSB also took into custody Dennis Christensen, one of Jehovah’s Witnesses who is a Danish citizen. Shortly thereafter, police officers searched four homes of Jehovah’s Witnesses located throughout the city.
Dennis Christensen
Annex 2 https://www.jw.org/en/news/releases/by-region/russia/danish-jw-arrested-when-police-... 5/30/2017 Danish Jehovah’s Witness Arrested and Jailed in Russia After Police Raid a Christian ... Page 2 of 3
After being detained overnight in FSB custody, today, the Soviet District Court of Oryol granted the application of the FSB and ordered Mr. Christensen to be jailed in pretrial detention pending completion of the FSB criminal investigation. Mr. Christensen is the first foreigner to be included in these official actions against Jehovah’s Witnesses in Russia since the Russia Supreme Court decision. If convicted, Mr. Christensen faces the possibility of a lengthy term of imprisonment.
This raid is the latest of over 40 incidents of aggression against Jehovah’s Witnesses perpetrated by authorities and others after the Russian Supreme Court labelled them as extremists and liquidated the Witnesses’ Administrative Center in Russia along with 395 Local Religious Organizations they used throughout the country.
Vandals burned a house used for religious services.
Just hours after the Supreme Court issued its decision on April 20, a group of men in St. Petersburg vandalized the largest place of worship used by Jehovah’s Witnesses in Russia, even threatening the worshippers. Vandals have also targeted other places of worship and even homes of Witnesses in Kaliningrad, Moscow, Penza, Rostov, St. Petersburg, Sverdlovsk, Voronezh, and Krasnoyarsk. In one incident, on May 24, 2017, in the town of Zheshart in the Komi Republic, a house where meetings of Jehovah’s Witnesses used to be held was badly damaged in an arson attack. In addition to police raids and vandalism, individual Witnesses have been attacked, threatened at school and work, or lost their jobs.
David A. Semonian, a spokesman at the Witnesses’ world headquarters, states: “Jehovah’s Witnesses around the world are now even more concerned about our fellow worshippers in Russia. These disturbing events are clearly aftereffects of the Russian Supreme Court’s unjust decision against us. We have formally appealed this decision on May 19, 2017. This will give Russia another opportunity to end these unwarranted and unjustifiable actions against Jehovah’s Witnesses. We are also filing a complaint against the unjust imprisonment of our fellow worshipper, Dennis Christensen.”
Annex 2 https://www.jw.org/en/news/releases/by-region/russia/danish-jw-arrested-when-police-... 5/30/2017 Danish Jehovah’s Witness Arrested and Jailed in Russia After Police Raid a Christian ... Page 3 of 3
Media Contact:
International: David A. Semonian, Office of Public Information, +1-845-524-3000
Copyright © 2017 Watch Tower Bible and Tract Society of Pennsylvania.
Annex 2 https://www.jw.org/en/news/releases/by-region/russia/danish-jw-arrested-when-police-... 5/30/2017 DGI Translation 01 JUIN 2017
SERVICE DE L’EXECUTION RULING DES ARRETS DE LA CEDH 26 May 2017 Orel The Sovetskiy District Court of the city of Orel, composed of: Presiding Judge S. V. Naumova, in the presence of clerk A. V. Demina, with the participation with the participation of Senior Assistant Prosecutor for the Sovetskiy District of the city of Orel, Ye. V. Koroleva, Investigator I. M. Chernykh from the Investigative Department of the Orel Regional Directorate of the FSB, accused person D. O. Christensen defence representative, licensed lawyer I. A. Krasnikova, Order No 005781 dated 26 May 2017, Certificate No 992, issued by the Kursk Regional Directorate of the Ministry of Justice of the Russian Federation on 17 May 2013, considered the motion of Investigator I. M. Chernykh from the Investigative Department of the Orel Regional Directorate of the FSB to impose preventive measures in the form of pre-trial detention on Dennis Ole Christensen, born 18 December 1972 in the city of Copenhagen, citizen of the Kingdom of Denmark, having a residency permit for foreign citizens living in the Russian Federation, registered and residing at the address g. Orel, ul. Priborostroitelnaya, d. 42, kv. 39, married, no dependent minor children, says he is an individual entrepreneur, disabilities or chronic illnesses, no disabilities, no previous convictions, accused of committing the crime specified in Article 282.2(1) of the Criminal Code of the Russian Federation
Established: Investigator I. M. Chernykh from the Investigative Department of the Orel Regional Directorate of the FSB filed a motion to select preventive measures in the form of pre-trial detention concerning D. O. Christensen. In support of his motion the investigator stated that Criminal Case No 11707540001500164 was initiated by the Investigative Department of the Orel Regional Directorate of the FSB on 23 May 2017 for signs of the crime specified in Article 282.2(1) of the Criminal Code of the Russian Federation under the following circumstances: Between 18 October and 16 May 2017, D. O. Christensen — as a member of the Local Religious Organisation of Jehovah’s Witnesses ‘Orel’ (‘LRO of Jehovah’s Witnesses “Orel”’), which was liquidated by the enforceable 14 June 2016 decision of Orel Regional Court for engaging in extremist activity — committed acts of an organisational nature in aims of continuing the illegal activity of the LRO of Jehovah’s Witnesses ‘Orel’, manifested in calling meetings of the LRO of Jehovah’s Witnesses ‘Orel’ in premises at the address g. Orel, ul. Zheleznodorozhnaya, d. 50, organising preaching activity and allocating the funds of the LRO of Jehovah’s Witnesses ‘Orel’.
1 Annex 3 The investigator believes that D. O. Christensen’s involvement in committing the crime with which he is charged is proven by the totality of evidence gathered in the criminal case. He argues that D. O. Christensen is accused of committing a grave crime against the constitutional system and state security, for which the law stipulates deprivation of liberty for up to 10 years; is a citizen of a foreign country; and, not having Russian citizenship, might continue his criminal activity or hide from preliminary investigation agencies and the court. In court session, Investigator I. M. Chernykh from the Investigative Department of the Orel Regional Directorate of the FSB supported the motion in full, and requested that pre- trial detention be imposed as a preventive measure on D. O. Christensen through 23 July 2017. Accused person D. O. Christensen objected to the motion being granted. He said that he is not guilty of committing a crime and that he has no intentions of hiding from preliminary investigation agencies. Defence representative I. A. Krasnikova objected to granting the motion. She held that it was unfounded, arguing that the criminal case materials submitted by the investigator do not prove D. O. Christensen’s involvement in the crime for which he is accused. Prosecutor Ye. V. Koroleva supported the motion in full. Having examined the submitted materials and listened to the participants in the trial, the court finds as follows. Pursuant to Article 97 of the Criminal Procedural Code of the Russian Federation (CrPC), a court, acting within the scope of the powers granted to it, may impose one of the preventive measures envisioned by this Code on an accused person or suspect, provided there are sufficient grounds to believe that the accused or suspect: will flee to avoid the inquiry, preliminary investigation, or trial; may continue to engage in criminal activities; may threaten a witness or other participants in the criminal proceedings, destroy evidence, or otherwise obstruct proceedings in a criminal case. According to Article 108 of the CrPC, pre-trial detention as a preventive measure shall be imposed by judicial decision on a person suspected of or accused with a crime punishable under criminal law by deprivation of liberty for a period of more than three years if it is impossible to use a different, less restrictive preventive measure. According to Article 99 of the CrPC, when deciding whether it is necessary to impose a preventive measure against a suspect or an accused person, and when choosing the form thereof, if the grounds specified by Article 97 of this Code are present, the gravity of the charges brought and information concerning the character, age, state of health, family status, occupation and other circumstances of a suspect or accused person shall also be taken into account. The court established that on 23 May 2017 an investigator from the Investigative Department of the Orel Regional Directorate of the FSB initiated Criminal Case No 11707540001500164 against D. O. Christensen for indicia of the crime specified in Article 282.2(1) of the Criminal Code of the Russian Federation. On 26 May 2017 D. O. Christensen was detained under Articles 91-92 of the CrPC.
2 Annex 3 However, the court established that D. O. Christensen was actually detained on 25 May 2017 during a search at the address g. Orel, ul. Zheleznodorozhnaya, d. 50, and thereafter was not able to move about on his own. On 26 May 2017 D. O. Christensen was charged with committing the crime specified in Article 282.2(1) of the CrPC. The order to initiate a motion to impose preventive measures on D. O. Christensen was filled out in compliance with the requirements of criminal procedural law, was submitted to the court with the approval of the director of the investigative agency, and contains sufficient information to be considered by the court. As can be seen from the materials submitted to the court, D. O. Christensen’s detainment meets the legal requirements and was carried out by the appropriate official, and there were sufficient grounds to believe that the accused person was involved in the crime with which he is charged. It was established from the materials attached to the motion, which were examined in court session, that D. O. Christensen’s possible involvement in the crime with which he is charged is proven by the submitted criminal case materials: the 14 June 2016 decision of the Orel Regional Court, protocols of the operational-investigative measure ‘Surveillance’ on 19 February and 26 February 2017, memorandum report dated 22 May 2017, protocols of questioning witnesses T. A. Kiryushina and A. P. Yermolov, and the search protocol dated 25-26 May 2017. The court will not consider whether D. O. Christensen’s guilt was proven or make an appraisal of the evidence. In deciding whether to impose preventive measures on D. O. Christensen the court takes into consideration the gravity of the crime with which he is accused and information about the character of the accused person, who is a citizen of a foreign country, the Kingdom of Denmark, and is positively reported on in the area where he lives. The foregoing leads the court to believe that if preventive measures other than pre- trial detention were imposed, he might use the freedom given him against the investigation and the court, obstruct proceedings in the criminal case, or hide from preliminary investigation agencies or the court. The court considers the aforementioned circumstances to be exceptional, not permitting other preventive measures, less severe than pre-trial detention, such as a recognisance agreement, to be imposed on D. O. Christensen. The court takes into consideration that D. O. Christensen has a residency permit, is registered at his place of residence in Orel, and is married; however, these are not determining factors in making this decision. Since D. O. Christensen has no previous convictions, the court takes a critical view of investigator’s argument that he might continue to engage in criminal activity if granted freedom. The court did not establish any circumstances, such as health, that would prevent imposing preventive measures in the form of pre-trial detention on D. O. Christensen.
3 Annex 3 In view of the foregoing and guided by Articles 97, 99 and 108 of the CrPC, the court
Ruled: To grant the motion of Investigator I. M. Chernykh from the Investigative Department of the Orel Regional Directorate of the FSB. To impose preventive measures in the form of pre-trial detention on accused person Dennis Ole Christensen, born 18 December 1972, for a term of 1 month and 29 days, that is, through 23 July 2017. This ruling can be appealed to the Orel Regional Court through the Sovetskiy District Court of the city of Orel within 3 days from when it was issued; a person in custody can appeal within the same time period counting from when he received a copy of the ruling.
Presiding Judge S. V. Naumova
[True Copy stamp]
[Stamp: Ruling has not entered into legal force 26 May 2017]
4 Annex 3 Translation
PROSECUTOR’S OFFICE OF To the Chairman of the Local Religious THE RUSSIAN FEDERATION Organisation of Jehovah’s Witnesses in the City of Yekaterinburg PROSECUTOR’S OFFICE of the Sverdlovsk Region S. A. Seroshtanov Prosecutor’s Office of the 620017, g. Yekaterinburg, ul. Baumana, d. 5 Ordzhonikidzevskiy District of the City of Yekaterinburg ul. Frezerovshchikov, 25/a, DGI g. Yekaterinburg, 620135, Tel. (343) 333- 74-00 01 JUIN 2017
March 2017 No 1-89v-2017 SERVICE DE L’EXECUTION 30 DES ARRETS DE LA CEDH
WARNING NOTICE that violation of federal legislation of the Russian Federation is not permitted
At the request of the Sverdlovsk Regional Prosecutor’s Office, the Prosecutor’s Office for the Ordzhonikidzevskiy District of the City of Yekaterinburg is conducting an inspection of whether religious organisations are complying with legislation on freedom of conscience, religious associations, and counteracting extremist activity. It was established during the inspection that — in violation of Article 14(7) of the Federal Law on Freedom of Conscience and Religious Associations dated 26 September 1997 No 125-FZ, of Article 10 of the Federal Law on Counteracting Extremist Activity dated 25 July 2002 No 114-FZ, and of Directive No 320-r dated 15 March 2017 from the Ministry of Justice of the Russian Federation on suspending the activity of the religious organisation Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia — the activity of the Local Religious Organisation of Jehovah’s Witnesses in the City of Yekaterinburg, registered at the address 620017, Sverdlovsk Region, g. Yekaterinburg, ul. Baumana, d. 5 (OGRN 1036605606400), has actually not been suspended. On 24 March 2017, an on-site inspection by the Prosecutor’s Office for the Ordzhonikidzevskiy District of the City of Yekaterinburg established that between 10:30 a.m. and 11:30 a.m. a meeting of a group of believers with disabilities, namely deaf persons who were participants of Jehovah’s Witnesses, was held in the premises of the Local Religious Organisation of Jehovah’s Witnesses in the City of Yekaterinburg at the address g. Yekaterinburg, ul. Baumana, d. 5, led by G. A. Kabanov. Because the Ministry of Justice of the Russian Federation filed an administrative statement of claim with the Supreme Court of the Russian Federation on 15 March 2017, requesting that the Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russian be declared extremist, liquidated, removed from the Uniform State Register of Legal Entities, and its activity be banned, the activity of the Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia was suspended on 15 March 2017 until the Supreme Court of the Russian Federation considers the aforementioned claim; beginning on the date of suspension of the activity of the Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia, it is prohibited, among other things, to organise and hold meetings and other mass actions or public events.
1 Annex 4 However, the Local Religious Organisation of Jehovah’s Witnesses in the City of Yekaterinburg has not complied with these requirements. Violation of the requirements of federal legislation of the Russian Federation is not permitted. On the basis of the foregoing and guided by Article 24 of the Federal Law on the Prosecutor’s Office of the Russian Federation,
I DEMAND:
1. That you promptly consider this warning notice, and that you take specific measures to eliminate the committed violations of law and to eliminate the reasons and conditions that facilitated the violations. 2. That you consider disciplining the guilty persons. 3. That you notify us in advance of the time and place this will be considered. 4. That you inform the district prosecutor’s office within the period established by law, one month, regarding the results of your consideration of this warning notice, attaching orders for disciplinary punishment.
Acting Deputy Prosecutor for the Ordzhonikidzevskiy District of the City of Yekaterinburg Junior Counselor of Justice [signature] N. B. Berdnikova
The warning notice was received:
I consider this warning notice to be unlawful and groundless. It was issued on contrived, fabricated grounds. [signature] S. A. Seroshtanov 30 March 2017
2 Annex 4 Translation
MINISTRY OF JUSTICE OF To the Local Religious Organisation of THE RUSSIAN FEDERATION Jehovah’s Witnesses ‘Petropavlovsk- Kamchatskiy’ DIRECTORATE OF THE MINISTRY OF JUSTICE OF THE prospect 50 let Oktyabrya, d. 9/6, RUSSIAN FEDERATION FOR THE kv. 17, g. Petropavlovsk-Kamchatskiy, KAMCHATKA TERRITORY Kamchatka Territory, 683024 prospect Karla Marksa, d. 29, g. Petropavlovsk-Kamchatskiy, 683031 Tel/Fax (4152) 25-24-28 Email: [email protected]
3 April 2017 No 41/03-23/1101
WARNING (under Article 32 of the Federal Law on Nonprofit Organisations dated 12 January 1996 No 7-FZ)
In accordance with Article 14(7) of the Federal Law on Freedom of Conscience and Religious Associations dated 26 September 1997 No 125-FZ and Article 10 of the Federal Law on Counteracting Extremist Activity dated 25 July 2002 No 114-FZ, and in connection with the 15 March 2017 administrative statement of claim filed by the Ministry of Justice of the Russian Federation with the Supreme Court of the Russian Federation to declare the Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia extremist, ban its activity, liquidate it and remove it from the Uniform State Register of Legal Entities, as well as Directive No 320-r dated 15 March 2017 from the Ministry of Justice of the Russian Federation on suspending the activity of the religious organisation Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia from 15 March 2017 until the examination by the Supreme Court of the Russian Federation of the aforementioned claim, the activity of the Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia was suspended. From the time the activity of the Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia was suspended, the rights of the Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia, and of local religious organisations of Jehovah’s Witnesses that are part of its structure, as founders of mass media are suspended and those organisations are forbidden to use state and municipal mass media, to organise and hold assemblies, rallies, demonstrations, processions, pickets and other mass actions or public events, and to use bank deposits, except for payments involving economic activity, compensation for losses (damages) caused by their actions, and payment of taxes, duties and fines for labour contracts. This means suspension of some of the rights of local religions organisations that are part of the Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia, including the Local Religious Organisation of Jehovah’s Witnesses ‘Petropavlovsk- Kamchatskiy’. In view of the foregoing, the Kamchatka Territory Directorate of the Ministry of Justice of the Russian Federation hereby issues the Organisation a written WARNING and
1 Annex 4 invites you to suspend the Organisation’s activity with respect to using state and municipal mass media, organising and holding assemblies, rallies, demonstrations, processions, pickets and other mass actions or public events, and using bank deposits, except for payments involving economic activity, compensation for losses (damages) caused by their actions, and payment of taxes, duties and fines for labour contracts, until the Supreme Court of the Russian Federation considers the administrative statement of claim against the Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia. At the same time, this is to inform you that under Article 19.5(1) of the Code of Administrative Violations of the Russian Federation, legal entities and officials can be brought to administrative accountability for failure to comply within the established time period with a lawful directive (ruling, notice) to eliminate violations, issued by a state control agency. A warning issued by the agency that makes decisions regarding state registration of nonprofit organisations can be appealed to a superior agency or in court.
Chief of the Directorate State Counsellor of Justice of the Russian Federation, first class [signature] L. D. Krapivina
V. V. Khamyanov 25 20 58
2 Annex 4 Translation
WARNING NOTIFICATION that violation of the law is not permitted
City of Podporozhye 11 April 2017
The Podporozhye City Prosecutor’s Office is conducting an inspection for compliance with legislation on counteracting extremist activity. During the inspection it was established that the religious organisation of Jehovah’s Witnesses holds meetings of its adherents on the territory of the Podporozhskiy District at the address Leningrad Region, g. Podporozhye, ul. Sovetskaya, d. 18. On 11 April 2017 the organisation of Jehovah’s Witnesses has planned to hold an annual mass religious event, the Memorial of Jesus Christ’s death. According to Directive No 320-r dated 15 March 2017 from the Ministry of Justice of the Russian Federation, the activity of the Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russian and of the local religious organisations that are part of its structure has been suspended on the basis of Article 14(7) of the Federal Law on Freedom of Conscience and Religious Associations No 125-FZ dated 26 September 1997 and Article 10 of the Federal Law on Counteracting Extremist Activity No 114-FZ dated 25 July 2002, in connection with the administrative statement of claim filed by the Ministry of Justice of the Russian Federation with the Supreme Court of the Russian Federation for liquidation of said religious organisation On the basis of the foregoing, said organisations are forbidden to use state and municipal mass media, to organise and hold assemblies, rallies, demonstrations, processions, pickets and other mass actions or public events, and to use bank deposits, except for payments involving economic activity, compensation for losses (damages) caused by their actions, and payment of taxes, duties and fines for labour contracts. On the basis of the foregoing and guided by Articles 22(2) and 25-1 of the Federal Law on the Prosecutor’s Office of the Russian Federation,
I WARN:
Vasiliy Ivanovich Savyuk that said violations of law are not permitted, and explain (warn) that if you hold the mass religious event you can be brought to administrative accountability under Article 20.28 of the Code of Administrative Violations of the Russian Federation: Organising the activity of a public or religious association whose activity has been suspended by an enforceable decision, or participating in such activity. Acting City Prosecutor Junior Counsellor of Justice [signature] S. V. Filichev The warning notification was announced to me, and the essence of the warning notification and the right to appeal to a superior prosecutor or in court were explained
[signature] V. Savyuk
Annex 4 Translation
Prosecutor’s Office of the Russian To the Chairman of the Local Federation Religious Organisation ‘Jehovah’s PROSECUTOR’S OFFICE Witnesses of the City of of the City of Pervouralsk Pervouralsk’ until 20 April 2017 Sverdlovsk Region 623100, g. Pervouralsk, (TIN 6625022182; ul. Trubnikov, 56 V [Cyrillic «В»] OGRN (primary state registration tel./fax 64-21-05 number) 1036605602164) 21 April 2017 No 6-02-11-2017 Andrey Anatolyevich Onosov
WARNING NOTIFICATION that violation of the law is not permitted
In accordance with Article 14(7) of the Federal Law on Freedom of Conscience and Religious Associations No 125-FZ dated 26 September 1997 and Article 10 of the Federal Law on Counteracting Extremist Activity No 114-FZ dated 25 July 2002, in connection with the 15 March 2017 administrative statement of claim filed by the Ministry of Justice of the Russian Federation with the Supreme Court of the Russian Federation to declare the Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia extremist, ban its activity, liquidate it and remove it from the Uniform State Register of Legal Entities, as well as Directive No 320-r dated 15 March 2017 from the Ministry of Justice of the Russian Federation on suspending the activity of the religious organisation Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia from 15 March 2017 until the examination by the Supreme Court of the Russian Federation of the aforementioned claim, the activity of the Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia was suspended. The 20 April 2017 ruling by the Supreme Court of the Russian Federation granted in full the claim of the Ministry of Justice of the Russian Federation; therefore, the Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia has been declared an extremist organisation. According to Article 14(1), 14(2) and 14(5) of the Federal Law on Freedom of Conscience and Religious Associations No 125-FZ dated 26 September 1997, religious organisations may be liquidated by decision of a court: if there are repeated or gross violations of the norms of the Constitution of the Russian Federation, of this Federal Law or of other federal laws, or if the religious organisation systematically carried out activity contravening the objectives for which it was created (its statutory objectives); in cases stipulated in Article 8(9) of this Federal Law. The following are grounds for liquidating a religious organisation or banning the activity of a religious organisation or religious group in judicial proceedings: violation of public safety and public order; actions aimed at carrying out extremist activity;
1 Annex 4 coercion of family break-up; infringement on the personality or the rights and freedoms of citizens; infliction of harm as specified by law to the morals or health of citizens, such as using narcotic and psychotropic drugs or hypnosis or committing perverted and other unlawful acts in connection with their religious activity; encouragement to commit suicide or to reject medical assistance on religious grounds for persons in grave or life-threatening conditions; hindering others from obtaining compulsory education; coercing members and followers of a religious association and other persons to turn over their property to the religious association; hindering a citizen from leaving a religious association by threatening harm to his life, health, or property if the threat can actually be carried out, or the use of force, or by other unlawful acts; inciting citizens to refuse to fulfil their civic duties established by law or to commit other unlawful actions; repeated failure by the religious organisation to submit the report specified by Article 25.1(2) of this Federal Law to the federal agency of state registration or its territorial agency within the established time period, if there are other violations of Russian Federation legislation in the activity of the religious organisation. A liquidated religious organisation loses its legal capacity as a legal entity. The property of the religious organisation shall be allocated in accordance with its charter and civil legislation of the Russian Federation. According to Article 15 of the Federal Law on Counteracting Extremist Activity No 114-FZ dated 25 July 2002, citizens of the Russian Federation, foreign nationals, and stateless persons shall be held criminally, administratively, and civilly accountable for carrying out extremist activity according to the procedure prescribed by Russian Federation legislation. To safeguard State and public security, on the grounds and according to the procedure stipulated by federal law, a person who has participated in carrying out extremist activity may be restricted by court decision from State or municipal service, military service under a contract, service in law-enforcement agencies, and from employment in educational organisations and private detective or security enterprises. A person who has previously served as a director or has been a member of a directing agency of a non-governmental or religious association or other organisation against which a court has rendered a decision that has entered into legal force to liquidate it or ban its activity on the grounds prescribed by that Federal Law or the Federal Law on Counteracting Terrorism No 35-FZ dated 6 March 2006, cannot create a religious organisation within ten years of the day the relevant court decision enters into legal force. Moreover, Articles 282.2(1), 282.2(1.1) and 282.2(2) of the Criminal Code of the Russian Federation stipulate criminal accountability for the following:
2 Annex 4 organising the activity of a non-governmental or religious association or other organisation that because of its carrying out extremist activity was liquidated or had its activities banned by a court decision that has entered legal force, with the exception of organisations that have been declared terrorist under Russian Federation legislation; persuading, recruiting, or otherwise inducing a person to participate in the activity of an extremist organisation; participating in the activity of a non-governmental or religious association or other organisation that because of its carrying out extremist activity was liquidated or had its activities banned by a court decision that has entered legal force, with the exception of organisations that have been declared terrorist under Russian Federation legislation. According to Article 25(1) of the Federal Law on Freedom of Conscience and Religious Associations No 125-FZ dated 26 September 1997, agencies of the prosecutor’s office of the Russian Federation shall oversee the implementation of legislation of the Russian Federation on freedom of conscience, freedom of religion, and religious associations. Taking into account the foregoing and guided by Articles 22 and 25(1) of the Federal Law on the Prosecutor’s Office of the Russian Federation,
I WARN:
That violation of the above norms of federal law is not permitted. This warning notification may be appealed to the Pervouralsk City Court according to the procedure established by law. Deputy City Prosecutor Counselor of Justice [signature] L. V. Nekrasova
The warning notification was received on 21 April 2017 by Onosov [signature] I consider this warning notification to be unlawful and groundless. It is a set-up and issued on contrived, non- existent grounds. [signature]
3 Annex 4 Translation
PROSECUTOR’S OFFICE OF To the unofficial leader of the THE RUSSIAN FEDERATION unregistered religious organisation of Jehovah’s Witnesses in the city of Ibrit Prosecutor’s Office of the Sverdlovsk Region Oleg Anatolyevich Struin Ibritskiy Interdistrict ul. Lenina, 1, g. Ibrit, Sverdlovsk Region Prosecutor’s Office ul. 50 let Oktyabrya, 36, g. Ibrit, 623850
26 April 2017 No 01-12 Re No _____ dated _____
WARNING NOTIFICATION that violation of federal legislation of the Russian Federation is not permitted
The Ibritskiy Interdistrict Prosecutor’s Office systematically exercises supervision over compliance with legislation on counteracting extremist activity. In the course of such supervision it was established that — in accordance with Article 14(7) of the Federal Law on Freedom of Conscience and Religious Associations dated 26 September 1997 No 125-FZ and Article 10 of the Federal Law on Counteracting Extremist Activity dated 25 July 2002 No 114-FZ, in connection with the 15 March 2017 administrative statement of claim filed by the Ministry of Justice of the Russian Federation with the Supreme Court of the Russian Federation to declare the Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia extremist, ban its activity, liquidate it and remove it from the Uniform State Register of Legal Entities — Directive No 320-r dated 15 March 2017 from the Ministry of Justice of the Russian Federation on suspending the activity of the religious organisation Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia suspended the activity of the Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia on 15 March 2017 pending consideration of the aforementioned claim by the Supreme Court of the Russian Federation. On the basis of the foregoing, we hereby inform you that when the activity of the Religious Organisation Administrative Centre of Jehovah’s Witnesses was suspended, this immediately suspended the rights of multiple local religious organisations that were registered on the territory of the Sverdlovsk Region and were part of the structure of the Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia to be founders of mass media, and those organisations were forbidden to use state and municipal mass media, to organise and hold assemblies, rallies, demonstrations, processions, pickets and other mass actions or public events, and to use bank deposits, except for payments involving economic activity, compensation for losses (damages) caused by their actions, and payment of taxes, duties and fines for labour contracts. Article 20.2 of the Code of Administrative Violations of the Russian Federation specifies accountability for violating the established procedure for organising or holding assemblies, rallies, demonstrations, processions or pickets.
1 Annex 4 Additionally, Article 212.1 of the Criminal Code of the Russian Federation specifies criminal accountability for violating the established procedure for organising or holding assemblies, rallies, demonstrations, processions or pickets, if this is done more than once. On the basis of the foregoing and taking into consideration that the discovered violations could lead to significant violations of the rights and legal interests of the general public, guided by Articles 22 and 25.1 of the Federal Law on the Prosecutor’s Office of the Russian Federation,
I WARN:
The unofficial leader of the unregistered religious organisation of Jehovah’s Witnesses in the city of Ibrit, Oleg Anatolyevich Struin, that violating criminal and administrative legislation is not permitted, and I warn that you can be brought to the accountability established by law for violating said legislation. In accordance with the Federal Law on the Prosecutor’s Office of the Russian Federation, this warning notification can be appealed to the Sverdlovsk Regional Prosecutor’s Office or in court.
Deputy Ibritskiy Interdistrict Prosecutor Counsellor of Justice [signature] A. A. Chernyshev
Typist: I. A. Kulish Tel. 83435565427
I received the warning notification. 26 April 2017 At 3:02 p.m. I consider this warning notification to be unlawful and groundless. It was clearly issued as a set-up, is based on assumptions, is blatantly biased and is an expression of religious intolerance. [signature] 26 April 2017 at 3:02 p.m.
2 Annex 4 Translation
WARNING NOTIFICATION that violation of the law is not permitted
City of Krymsk 4 May 2017 The Krymskiy Interdistrict Prosecutor’s Office received information from the Krymskiy District Administration regarding meetings planned to be held by the Local Religious Organisation of Jehovah’s Witnesses of the City of Krymsk. On 15 March 2017 the Ministry of Justice of the Russian Federation filed an administrative statement of claim with the Supreme Court of the Russian Federation to declare the Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia extremist, ban its activity, liquidate it and remove it from the Uniform State Register of Legal Entities. In accordance with Article 14(7) of the Federal Law on Freedom of Conscience and Religious Associations dated 26 September 1997 No 125-FZ and Article 10 of the Federal Law on Counteracting Extremist Activity dated 25 July 2002 No 114-FZ, Directive No 320-r dated 15 March 2017 from the Ministry of Justice of the Russian Federation suspended the activity of the Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia from 15 March 2017 until the examination by the Supreme Court of the Russian Federation of the aforementioned claim. According to the aforementioned Directive of the Ministry of Justice of the Russian Federation, upon suspension of the activity of the Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia, the rights of the Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia, and of local religious organisations of Jehovah’s Witnesses that are part of its structure, as founders of mass media are suspended and those organisations are forbidden to use state and municipal mass media, to organise and hold assemblies, rallies, demonstrations, processions, pickets and other mass actions or public events, and to use bank deposits, except for payments involving economic activity, compensation for losses (damages) caused by their actions, and payment of taxes, duties and fines for labour contracts. On 20 April 2017 the Supreme Court of the Russian Federation granted the administrative statement of claim filed by the Ministry of Justice of the Russian Federation. According to Article 25(1) of the Law, agencies of the prosecutor’s office of the Russian Federation shall supervise compliance with legislation of the Russian Federation on freedom of conscience, freedom of religion and religious associations. Accountability for violating legislation on freedom of conscience, freedom of worship and religious associations is specified in Article 5.26 of the Russian Federation Code of Administrative Violations and Article 148 of the Criminal Code of the Russian Federation. Taking into account the foregoing and guided by Articles 22 and 25.1 of the Federal Law on the Prosecutor’s Office of the Russian Federation dated 17 January 1992 No 2202-1,
I WARN:
The chairman of the committee of the Local Religious Organisation of Jehovah’s Witnesses of the City of Krymsk, Vladimir Viktorovich Gridunov, that violating the
1 Annex 4 requirements in legislation on freedom of conscience, freedom of worship and religious associations is not permitted, and inform you that you can be brought to accountability established by law for violating the law. Deputy Krymskiy Interdistrict Prosecutor Counselor of Justice [signature] A. A. Ryazanov
This warning notification was announced to me and the essence of the notification and the right to appeal to a higher ranking prosecutor or to the court has been explained. ______.
2 Annex 4 Translation
PROSECUTOR’S OFFICE OF To the Chairman of the Committee THE RUSSIAN FEDERATION of the Local Religious Organisation PROSECUTOR’S OFFICE of Jehovah’s Witnesses of the OF THE MOSCOW REGION Sergiyevo-Posadskiy District SERGIYEV POSAD CITY V. Yu. Stepanov PROSECUTOR’S OFFICE Prospekt Krasnoy Armii, d. 136, ul. Ptitsegradskaya, d. 6, kv. 22, g. Sergiyev Posad, Moscow Region, 141309 g. Sergiyev Posad, Moscow Region, 141313 10 May 2017 No 8-365v-2015
WARNING NOTIFICATION that violation of current legislation is not permitted
The city prosecutor’s office made an inspection in connection with a complaint from A. Krasovskiy, who objects to the Local Religious Organisation of Jehovah’s Witnesses of the Sergiyevo-Posadskiy District conducting meetings in building 9A in the village of Vorokhobino, Sergiyevo-Posadskiy District, Moscow Region. It was established that the Local Religious Organisation of Jehovah’s Witnesses of the Sergiyevo-Posadskiy District is registered in the territory of the municipal district at the address Moscow Region, g. Sergiyev Posad, ul. Ptitsegradskaya, d. 6, kv. 22. Said organisation is part of the structure of the religious organisation Administrative Centre of Jehovah’s Witnesses in Russia. Directive No 320-r dated 15 March 2017 from the Ministry of Justice of the Russian Federation suspended the activity of the Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia and of local religious organisations that are part of its structure, for engaging in extremist activity. The activity was suspended from 15 March 2017 until the Supreme Court of the Russian Federation considered the administrative statement of claim for the aforementioned organisation to be declared extremist, liquidated, removed from the Uniform State Register of Legal Entities, and for its activity to be banned. That directive has not been reversed and is in force throughout the entire territory of the Russian Federation. According to Article 14(7) of the Federal Law on Freedom of Conscience and Religious Associations dated 26 September 1997 No 125-FZ, the activity of a religious association may be suspended, a religious organisation may be liquidated, and the activity of a religious association that is not a religious organisation may be banned following the procedure and on the grounds stipulated by the Federal Law on Counteracting Extremist Activity. Pursuant to the requirements in Article 10 of the Federal Law on Counteracting Extremist Activity dated 25 July 2002 No 114-FZ, if the activity of a public or religious association is suspended, the rights of the public or religious association and its regional and other structural subdivisions as founders of mass media shall be suspended; they shall be forbidden to use State or municipal mass media; to organise and hold assemblies, rallies,
1 Annex 4 demonstrations, processions, pickets, and other mass actions or public events; to take part in elections and referendums; or to use bank deposits with the exception of their use for making payments connected with their economic activity, the reimbursement of damages caused by their actions, the payment of taxes, fees, and fines, and payments under employer-employee contracts. Article 20.28(1) of the Code of Administrative Violations of the Russian Federation specifies administrative accountability for organising the activity of a public or religious association whose activity has been suspended by an enforceable decision, and for participation in such activity. On the basis of the foregoing and guided by Article 25-1 of the Federal Law on the Prosecutor’s Office of the Russian Federation,
I WARN:
You that violating current legislation is not permitted, and warn (explain) that if the requirements in Article 10 of the Federal Law on Counteracting Extremist Activity dated 25 July 2002 No 114-FZ are violated during the time period when the organisation’s activity is suspended, the city prosecutor’s office will address the matter of bringing the guilty persons to accountability. First Deputy Sergiyev Posad City Prosecutor Counsellor of Justice [signature] V. V. Busygin
The warning notification was announced to me, and the content of the notification and the right to appeal to a higher-ranking prosecutor or to the courts was explained.
12 May 2017 [signature] V. Yu. Stepanov
2 Annex 4 Translation
WARNING NOTIFICATION that violation of the law is not permitted
City of Novorossiysk 12 May 2017 The Novorossiysk City Prosecutor received information from the administration of the municipality of the city of Novorossiysk that the local religious organisation of Jehovah’s Witnesses plans to hold a meeting on 13 May 2017, a circuit assembly ‘Increase Your Faith in Jehovah!’ I hereby explain that on 15 March 2017 the Supreme Court of the Russian Federation received an administrative statement of claim from the Ministry of Justice of the Russian Federation requesting that the Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia be declared extremist and liquidated, that its activity be banned, and that its information be removed from the Uniform State Register of Legal Entities. The 20 April 2017 decision of the Supreme Court of the Russian Federation declared the Religious Organisation Administrative Centre of Jehovah's Witnesses in Russia to be an extremist organization and banned its activity. At present, this decision of the Supreme Court of the Russian Federation has not entered into legal force. However, in accordance with Article 14(7) of the Federal Law on Freedom of Conscience and Religious Associations dated 26 September 1997 No 125-FZ and Article 10 of the Federal Law on Counteracting Extremist Activity dated 25 July 2002 No 114-FZ, the activity of the Religious Organisation Administrative Centre of Jehovah's Witnesses in Russia was suspended — beginning 15 March 2017 and until the Supreme Court of the Russian Federation considered the administrative statement of claim — by Directive No 320-r of the Ministry of Justice of the Russian Federation, dated 15 March 2017. Pursuant to the aforementioned directive of the Ministry of Justice of the Russian Federation, upon suspension of the activity of the Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia, the rights of the Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia, and of local religious organisations of Jehovah’s Witnesses that are part of its structure, as founders of mass media are suspended and those organisations are forbidden to use state and municipal mass media, to organise and hold assemblies, rallies, demonstrations, processions, pickets and other mass actions or public events, and to use bank deposits, except for payments involving economic activity, compensation for losses (damages) caused by their actions, and payment of taxes, duties and fines for labour contracts. According to Article 3 of the Federal Law on Counteracting Extremist Activity dated 25 July 2002 No 114-FZ, counteracting extremist activity involves adoption of measures intended to prevent extremist activity, including the discovery and subsequent removal of reasons and conditions that facilitate carrying out of extremist activity. According to Article 25(1) of the Federal Law on Freedom of Conscience and Religious Associations dated 26 September 1997 No 125-FZ, agencies of the prosecutor’s office of the Russian Federation exercise supervision over compliance with legislation of the Russian Federation on freedom of conscience, freedom of worship and religious associations.
1 Annex 4 Accountability for organising the activity of a public or religious association or other organisation that has been liquidated or whose activity has been banned by an enforceable court decision is specified as criminal accountability under Article 282.2 of the Criminal Code of the Russian Federation: Organizing the activity of an extremist organization. Additionally, accountability for violating legislation on freedom of conscience, freedom of worship and religious associations is specified in Article 5.26 of the Code of Administrative Violations of the Russian Federation and Article 148 of the Criminal Code of the Russian Federation. In view of the foregoing, on the basis of Articles 22 and 25.1 of the Federal Law on the Prosecutor’s Office of the Russian Federation,
I WARN: The chairman of the committee of the Local Religious Organisation ‘Jehovah’s Witnesses of the City of Novorossiysk’, Dmitriy Vladimirovich Lisov, that violating the requirements in legislation on freedom of conscience, freedom of worship and religious associations is not permitted, and I hereby notify you that you can be brought to the accountability set out in the law for violation the law. Novorossiysk City Prosecutor Senior Counsellor of Justice [signature] A. G. Kazimirov
Typist Y. V. Degtyareva 61-33-48
The warning notification was announced to me, and the content of the notification and the right to appeal to a superior prosecutor or to the courts was explained.
I refuse to sign this because the LRO of the City of Novorossiysk no longer exists. D. V. Lisov
2 Annex 4 Translation
WARNING NOTIFICATION that violation of the law is not permitted
18 May 2017 City of Aleysk As part of its supervision over compliance with legislation on counteracting extremism and extremist activity the interdistrict prosecutor’s office conducted an inspection of the activity of the Local Religious Organisation of Jehovah’s Witnesses ‘Aleysk’ (TIN 2231003972), located at the address g. Aleysk, ul. Serdyuka, d. 115. Protection of the rights and freedoms of man and citizen, the fundamental principles of the constitutional system and the integrity and security of the Russian Federation is regulated by the Federal Law on Counteracting Extremist Activity dated 25 July 2002 No 114-FZ (‘Law on Counteracting Extremist Activity’), which also determines the legal and organisational bases for counteracting extremist activity and establishes accountability for carrying it out. According to Article 1(1) of the Law on Counteracting Extremist Activity, extremist activity (extremism) is expressed, among other things, by the mass distribution of materials known to be extremist or their production or storage for purposes of mass distribution, by advocating the exclusivity, superiority or inferiority of a person based on his social, racial, national, religious or linguistic affiliation or his attitude toward religion. According to Article 3 of the Law on Counteracting Extremist Activity, extremist activity is counteracted by discovering, preventing and suppressing the extremist activity of public and religious associations, other organisations, or natural persons. Article 7(1) of the Law on Counteracting Extremist Activity establishes that, if facts are discovered attesting to the presence of signs of extremism in the activity of a public or religious association or other organisation, including in the activity of at least one of its regional or other structural subdivisions, a written warning that such activity is not permitted shall be issued, indicating the specific grounds for issuing the warning, including the violations committed. The Local Religious Organisation of Jehovah’s Witnesses ‘Aleysk’ (‘organisation’) was registered as a legal entity by the Main Directorate of the Ministry of Justice of the Russian Federation for the Altay Territory. According to points 2.1 and 2.2 of the organisation’s Charter, adopted on 19 May 1996, its goals are joint profession and dissemination of the Christian faith of Jehovah's Witnesses, and its objectives are: holding religious services, religious rites and ceremonies; acquainting people with the Holy Scriptures and Bible teachings, principles and standards; engaging in good deeds (acts of mercy); and supporting the activity of the religion of Jehovah's Witnesses. According to point 1.7 of the Charter, the organisation is part of the canonical structure of the existing centralised religious organisation Religious Organisation Administrative Centre of Jehovah’s Witnesses in Russia, which was registered by the Ministry of Justice of the Russian Federation (‘Administrative Centre’) Canonical structure implies spiritual ties between the Administrative Centre and the organisation, as well as a common religious affiliation. However, an analysis of the Charter
1 Annex 4 reveals legal ties between the Administrative Centre and the organisation: the organisation’s founding document is its Charter, which is approved by the Administrative Centre (p. 3.2); the Administrative Centre can submit matters to be discussed by the Council (p. 4.5); the Administrative Centre appoints the Chairman of the Committee (p. 4.12); and the Administrative Centre can exercise the authority of the Committee (p. 4.14). On 20 April 2017 in Case No AKPI17-238, the Judicial Chamber of the Supreme Court of the Russian Federation rendered a decision to liquidate the centralised religious organisation of Jehovah’s Witnesses in Russian and to liquidate all 395 local religious organisations of that religion. The grounds for the Ministry of Justice of the Russian Federation filing an administrative statement of claim to liquidate the organisation were that courts had repeatedly rendered decisions to liquidate local religious organisations of Jehovah’s Witnesses for distributing extremist materials, as well as the teachings of Jehovah’s Witnesses themselves, which prohibit blood transfusions — creating a threat to human life and violating the right to receive medical assistance. The teachings of Jehovah’s Witnesses are based, in part, on the religious magazines The Watchtower and Awake!, whose distribution was prohibited by Roskomnadzor Order No 268 dated 26 April 2010 to Revoke the Permit to Distribute the Foreign Periodical Publications Awake! and The Watchtower in the Russian Federation. The reason for banning distribution of those magazines was that court decisions had repeatedly found publications of The Watchtower to be extremist materials. Therefore, given the ties between the Local Religious Organisation of Jehovah’s Witnesses ‘Aleysk’ and the Administrative Centre of Jehovah’s Witnesses in Russia, and the fact that the organisation professes and disseminates the faith of Jehovah’s Witnesses, which is based on extremist materials, there is a basis to suspect that there are signs of extremism in the activity of the Local Religious Organisation of Jehovah’s Witnesses ‘Aleysk’. Until now, the organisation’s activity has not stopped. A warning notification is issued in order to prevent the organisation from doing anything that could provide a basis for finding manifestations of extremism in its activity. For engaging in extremist activity, citizens of the Russian Federation, foreign citizens and stateless persons bear criminal (Article 280 of the Criminal Code of the Russian Federation – Public calls to engage in extremist activity), administrative (Article 20.3 of the Code of Administrative Violations of the Russian Federation - Propaganda and public demonstration of Nazi symbols and paraphernalia, symbols and paraphernalia of extremist organisations, or other symbols and paraphernalia that federal law prohibits being propagandised or publicly displayed; Article 20.29 of the Code of Administrative Violations of the Russian Federation – Production and distribution of extremist materials), and civil accountability as established by legislation of the Russian Federation. On the basis of the foregoing and guided by Articles 22 and 25.1 of the Federal Law on the Prosecutor’s Office of the Russian Federation,
2 Annex 4 I WARN: The chairman of the committee of the Local Religious Organisation of Jehovah’s Witnesses ‘Aleysk’, Valeriy Valentinovich Luboshnikov, born 31 August 1966, residing at the address g. Aleysk, ul. Irkutskaya, d. 24, that violating federal legislation is not permitted, and I warn that you can be brought to accountability specified by law for violating these requirements of law. Interdistrict Prosecutor Counsellor of Justice [signature] V. A. Keller
The warning notification was announced to me and the essence of the notification and the right to appeal were explained. V. V. Luboshnikov ______2017
D. A. Astashenko, 22-3-73
3 Annex 4